Specific legacy defined
142. Where a testator bequeaths to any person a specified part of his property, which is distinguished from all other parts of his property, the legacy is said to be specific.
Illustrations
(i) A bequeaths to B-
"the diamond ring presented to me by C":
"my gold chain":
"a certain bale of wool":
"a certain piece of cloth":
"all my household goods which shall be in or about my dwelling-house in M Street, in Calcutta, at time of my death":
"the sum of 1,000 Taka in a certain chest:
"the debt which B owes me":
"all my bills, bonds and securities belonging to me lying in my lodgings in Calcutta":"all my furniture in my house in Calcutta":
"all my goods on board a certain ship now lying in the river Hughli":
"2,000 Taka which I have in the hands of C"
"the money due to me on the bond of D":
"my mortgagee on the Rampur factory":
"One-half of the money owing to me on my mortgage of Rampur factory":
"1,000 Taka, being part of a debt due to me from C":
"my capital stock of 1,000 in East India Stock":
"my promissory notes of the Government for 10,000 Taka in their 4 per cent. loan":
"all such sums of money as my-executors may, after my death, receive in respect of the debt due to me from the insolvent firm of D and Company":
"all the wine which I may have in my cellar at the time of my death":
"such of my horses as B may select":
"all my shares in the Imperial Bank of India".
"all my shares in the Imperial Bank of India which I may possess at the time of my death":
"all the money which I have in the 5› percent, loan of the Government":
"all the Government securities I shall be entitled to at the time of my decease".
Each of these legacies is specific.
(ii) A, having Government promissory notes for 10,000 Taka, bequeaths to his executors "Government promissory notes for 10,000 Taka in trust to sell" for the benefit of B. The legacy is specific.
(iii) A having property at Benares, and also in other places, bequeaths to B all his property at Benares. The legacy is specific.
(iv) A bequeaths to B-
his house in Calcutta:
his zamindari of Rampur:
his taluq of Ramnagar:
his lease of the indigo-factory of Salkya:
an annuity of 500 Taka out of the rents of his zamindari of W.
A directs his zamindari of X to be sold, and the proceeds to be invested for the benefit of B.
Each of these bequests is specific.
(v) A by his will charges his zamindari of Y with an annuity of 1,000 Taka to C during his life, and subject to this charge he bequeaths the zamindari to D. Each of these bequests is specific.
(vi) A bequeaths a sum of money-
to buy a house in Calcutta for B:
to buy an estate in zila Faridpur for B:
to buy a diamond ring for B:
to buy a house for B:
to be invested in shares in the Imperial Bank of India for B:
to be invested in Government securities for B.
A bequeaths to B
"a diamond ring":
"a horse":
"10,000 Taka worth of Government securities":
"an annuity of 500 Taka":
2,000 Taka to be paid in cash":
"so much money as will produce 5,000 Taka four per cent. Government securities".
These bequests are not specific.
(vii) A, having property in England and property in India, bequeaths a legacy to B, and directs that it shall be paid out of the property which he may leave in India. He also bequeaths a legacy to C, and directs that it shall be paid out of property which he may leave in England. No one of these legacies is specific.